(A Landmark Lahore High Court Judgment Explained)
In today’s globalized world, it is common for Pakistani citizens to be living or working abroad. A recurring legal question arises in such situations: what happens if a crime is committed against you in Pakistan while you are outside the country, or if an FIR is registered against you in your absence? Can legal remedies be pursued through a Power of Attorney (PoA)?
A landmark judgment of the Lahore High Court, delivered by Justice Amjad Rafiq on 10 October 2025, has comprehensively settled these issues.
1. Can an FIR Be Registered Through Power of Attorney?
Yes. The Lahore High Court clarified that an FIR can be registered through a Power of Attorney holder.
Relying on Sections 44 and 45 of the Criminal Procedure Code (CrPC), the Court held that:
- The law does not restrict the lodging of an FIR to the victim alone.
- Any person who has knowledge of the commission of an offence may provide information to the police.
This means that if the victim is outside Pakistan or otherwise incapable of appearing personally at the police station, a duly authorized Power of Attorney holder may lodge the FIR on their behalf.
The Court further referred to Police Rules 1934, Chapter 24, Rule 24.5, which clearly recognizes the role of an informant, distinct from the victim. This explains why, in many cases, the police themselves become complainants, for example, where a dead body is found or in terrorism-related incidents.
2. Can a Person Abroad File a Petition Under Sections 22-A & 22-B CrPC?
Yes. If the police refuse to register an FIR or create unnecessary hurdles, a person living abroad may file a petition under Sections 22-A and 22-B CrPC through a Power of Attorney holder.
The High Court affirmed that physical presence of the aggrieved person is not mandatory at this stage, and access to justice cannot be denied merely due to overseas residence.
3. What If an FIR Is Registered Against You While You Are Abroad?
This issue was addressed in light of the Supreme Court judgment in Azmat Ullah v. Federation of Pakistan (2025).
The Supreme Court held that:
- A person against whom an FIR is registered while they are abroad may apply for protective bail through a Power of Attorney holder.
- Such bail protects the accused from arrest upon landing in Pakistan, including at airports.
- After obtaining protective bail, the accused may safely enter Pakistan and then apply for pre-arrest bail (bail before arrest) before the relevant court.
This protection ensures that overseas Pakistanis are not subjected to arbitrary arrest or humiliation due to their absence from the country.
4. Important Limitation: Joining Investigation
While FIR registration and bail can be managed through Power of Attorney, the Court made one thing clear:
- Joining investigation cannot be done through a Power of Attorney holder.
- If the accused is required to participate in investigation, personal appearance before the police is mandatory.
Conclusion
This judgment is a major relief for overseas Pakistanis. It reinforces the principle that access to justice should not be restricted by geographical boundaries. Whether you are a victim seeking registration of an FIR or an accused seeking legal protection, the law allows you to act through a Power of Attorney, up to the stage where personal presence becomes legally indispensable.